Construction Contracts Amendment Act 2015
I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by the operation of the Construction Contracts Amendment Act...
Construction Contracts Act 2002 — Are resubmitted invoices capable of being payment claims?
This decision was a claim that started as a summary judgment application in the District Court where summary judgment was declined. It ended up...
Volcanic eruption in High Court
The High Court in Volcanic Investments Limited1 v Dempsey & Wood Civil Contractors Ltd has signalled a departure from the conservative approach of the...
Non-compliant payment claim foils statutory demand process
Timothy Bates of Auckland law firm Legal Vision evaluates a case that addresses the interplay between the Construction Contracts Act 2002 and the statutory...
Revisiting payment claims under the Construction Contracts Act: Service
The Christchurch High Court decision of Arnold Jenson (2005) Ltd v Trevor James Bills & Others (CIV-2008-409-001349) covered the issue of what constitutes valid...
Myth or reality — is fixed price the more economic method of contracting?
As a solicitor specialising in construction law, clients often ask me what form of contract they ought to enter into with builders. The...
The case of a relocation company’s liability in respect of a defective home
Tim Bates and Fiona Dobroshi of Auckland legal firm TM Bates & Co assess the High Court decision in Stott v Uplifting Homes Ltd,...
The BPB — three reported decisions
The Building Practitioners Board is a quasi-judicial body that hears complaints made against Licensed Building Practitioners. BPB Complaint No C1011 ...
Construction Contracts Act 2002 — Court of Appeal upholds statutory demand
This was an appeal from a High Court decision which declined an application to set aside two statutory demands based on payment claims.
The Facts
Sol...
Auckland’s Unitary Plan — a changing building landscape
I thought for the last article of 2013, I would report back on some key aspects of the proposed Unitary Plan that was notified...